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Opinions June 12, 2013

June 12, 2013
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Indiana Court of Appeals
John H. Mooney, as Special Administrator of the Estate of Joseph S. Mooney, Deceased v. Anonymous M.D. 4, Anonymous M.D. 5, and Anonymous Hospital
32A04-1208-CT-414
Civil tort. Reverses order dismissing with prejudice Mooney’s proposed complaint for damages in a medical malpractice action. The trial court did not have jurisdiction to dismiss under Trial Rule 41(E), and it abused its discretion when it dismissed the proposed complaint under I.C. 34-18-10-14.

Mark Kevin Liston v. State of Indiana (NFP)
45A05-1207-CR-385
Criminal. Grants rehearing and reverses the trial judge’s rescission of the referee’s order granting Liston post-conviction relief. Remands for proceedings.

Shaun Wilkinson v. State of Indiana (NFP)

33A04-1209-CR-478
Criminal. Affirms convictions of Class A felonies dealing in a schedule III controlled substance within 1,000 feet of a family housing unit.

Allen Stewart v. Jennifer Miller (NFP)

53A01-1212-PO-541
Protective order. Affirms order of protection issued at the request of Miller.

Robert O. Morris v. State of Indiana (NFP)

49A04-1211-CR-571
Criminal. Affirms conviction of Class C felony battery.

Stanley B. Crumble a/k/a Melvin Coleman v. State of Indiana (NFP)
32A01-1211-PC-487
Post conviction. Affirms denial of petition for post-conviction relief.

Tarrence Lee v. State of Indiana (NFP)
71A03-1301-CR-5
Criminal. Affirms murder conviction.

E.W. v. State of Indiana (NFP)
49A02-1211-JV-918
Juvenile. Affirms adjudication for committing what would be Class A misdemeanor criminal trespass if committed by an adult.

City of Jeffersonville, Indiana and City of Jeffersonville Sanitary Sewer Board v. Environmental Management Corporation (NFP)
10A01-1210-PL-485
Civil plenary. Reverses the trial court’s award of attorney fees in favor of Environmental Management Corporation and remands with instructions.

Tyrone Walker v. State of Indiana (NFP)

49A02-1211-CR-933
Criminal. Reverses conviction of Class A misdemeanor possession of marijuana.

Term. of Parent-Child Rel. of Q.R., J.B., and J.R. v. Indiana Department of Child Services (NFP)
80A02-1211-JT-909
Juvenile. Affirms termination of parental rights.

Jawyan James Townes v. State of Indiana (NFP)
02A03-1210-CR-441
Criminal. Affirms conviction of Class D felony possession of marijuana.

Sherard Taylor v. State of Indiana (NFP)

49A02-1210-CR-794
Criminal. Affirms conviction of Class C felony fraud on a financial institution.

Edward T. Bronaugh v. State of Indiana (NFP)

49A02-1210-CR-832
Criminal. Affirms convictions of Class D felonies battery and residential entry, Class A misdemeanor resisting law enforcement, Class B misdemeanors disorderly conduct and public intoxication and Class C misdemeanor public nudity.

Tracey B. Young v. State of Indiana (NFP)
45A05-1210-CR-525
Criminal. Affirms convictions of Class C felony and Class D felony criminal confinement, Class D felony strangulation and Class D felony domestic battery.


The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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